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公用电信网间互联管理规定 Administration of the Interconnection of Public Telecommunications Networks Provisions

2009-03-24 法律英语 来源:互联网 作者:
rs for social services), smart service numbers, etc. that the telecommunications carrier has made available on its own network, and it shall ensure the quality of the communications.

  Article 15 The direct connection of the telecommunications networks of two Non-leading Telecommunications Carriers shall be resolved through consultations between the parties.

  Connection of the inter-network services of the telecommunications networks of two Non-leading Telecommunications Carriers that are not linked by direct Interconnection shall be effected by rerouting traffic through the fixed local telephone network of a third party or the network of an organization designated by the Ministry of Information Industry. If the Non-leading Telecommunications Carriers select the fixed local telephone network of the Leading Telecommunications Carrier as their third party network, the Leading Telecommunications Carrier may not refuse to provide such rerouting service and shall ensure the quality of the rerouted communications.

  PART THREE ESTABLISHMENT OF INTERCONNECTION POINTS AND THE APPORTIONMENT AND SETTLEMENT OF INTERCONNECTION EXPENSES

  Article 16 When Interconnection is effected between the telecommunications network of a Non-leading Telecommunications Carrier and the telecommunications network of a Leading Telecommunications Carrier, the Interconnection Points shall be established at one end of the Interconnection transmission line, namely at the end furthest from the equipment of the Non-leading Telecommunications Carrier (for example, if the Interconnection transmission line is an optic cable, the Interconnection Point shall be established on the outside of the Leading Telecommunications Carrier's optical distribution frame).

  When direct Interconnection is effected between the telecommunications networks of two Non-leading Telecommunications Carriers, the parties shall determine the specific locations of the Interconnection Points through consultations.

  Article 17 The number of Interconnection Points shall be determined through consultations in accordance with the bus

iness development requirements of the parties and the demands of inter-network communications security. In principle, within one local grid, each Interconnection between telecommunications networks shall have at least two Interconnection Points.

  The telecommunications equipment on either side of an Interconnection Point may be jointly used by each telecommunications network or may be set up separately by each telecommunications network. If the telecommunications equipment on either side of an Interconnection Point is jointly used by each telecommunications network and the inter-network settlement rates of each telecommunications network are inconsistent and the parties cannot easily employ a technological solution to carry out billing verification, the Interconnection relay circuits may be set up in separate groups.

  Article 18 When Interconnection is effected between the telecommunications network of a Non-leading Telecommunications Carrier and the telecommunications network of a Leading Telecommunications Carrier, the parties shall each be responsible for one half of the Interconnection transmission lines and the conduits.

  When direct Interconnection is effected between the telecommunications networks of two Non-leading Telecommunications Carriers, the parties shall determine the apportionment of the expenses for the Interconnection transmission lines through consultations.

  Article 19 The cost of installing, increasing the capacity of and/or upgrading the equipment (here and hereinafter including the telecommunications equipment on each party's own network) on either side of an Interconnection Point (including the cost of signalling methods, exchange data modifications, software upgrades, etc.) shall be borne by each of the parties itself.

  The cost of the ancillary facilities for the telecommunications equipment on either side of an Interconnection Point (including the machine room, air conditioning, power source, testers, billing equipment and other ancillary facilities) shall be borne by each of the parties itself.

  Article 20 If the Interconnection transmission lines pass through such communications facilities of the Leading Telecommunications Carrier as conduits (ducts), pole lines, cable inlets and troughs, etc. the Leading Telecommunications Carrier shall charge a leasing fee in accordance with the specified rate. Fees for facilities for which no rate has yet been set shall be determined by the parties on the basis of the construction cost.

  Article 21 While effecting Interconnection and inter-communication, telecommunications carriers shall implement the Settlement of Call Charges Between Telecommunications Networks Procedures formulated by the Ministry of Information Industry and may not charge extra fees not stipulated in the standards.

  A telecommunications carrier shall carry out inter-network settlements in accordance with the settlement cycle stipulated in the Interconnection agreement and may not delay the settlement of charges payable to the other party without cause.

  Article 22 Telecommunications carriers shall prepare accounts of the Interconnection-related receipts and payments for their networks and of the Interconnection costs, in accordance with the relevant State regulations. After such accounts have been examined and verified by the relevant intermediary institution, the data for each year shall be submitted to the Ministry of Information Industry by 31 March of the next year.

  The fee rates for inter-network settlement shall be determined on a cost basis. Until a telecommunications carrier's Interconnection costs have been determined, the inter-network settlement rates shall provisionally be determined on the basis of charges.

  PART FOUR INTERCONNECTION AGREEMENTS AND CONSTRUCTION

  Article 23 Interconnection agreements shall be entered into (and amended) by telecommunications carriers' orga

nizations at or above the provincial level. Telecommunications carriers' organizations below the provincial level shall no longer separately enter into Interconnection agreements. The two parties to the Interconnection shall conduct consultations on an Interconnection agreement in line with the principles of friendly cooperation and mutual coordination.

  Article 24 The main topics for the Interconnection consultations shall include the bases for entering into the agreement, the timetable for the Interconnection works, the mutually accessible services, the technical plan for the Interconnection (which shall include the establishment of Interconnection Points, the installation of the equipment on either side of an Interconnection Point, the dialling method, the routing, the relay capacity as well as the signalling, billing, synchronization and transmission quality, etc.), network functions related to the Interconnection, the provision of telecommunications facilities, the configuration of the equipment used for the Interconnection, the apportionment of the Interconnection costs, post-Interconnection network management (including the two Interconnection parties' scope of maintenance, the mutual reporting system for the quality of inter-network communications, the system for handling inter-network communications malfunctions, the reporting system for major breakdowns in inter-network communications, the scheme for responding to emergencies arising in inter-network communications, etc.), inter-network settlements and liability for breach of contract.

  Article 25 The Interconnection parties' organizations at or above the provincial level shall enter into an Interconnection agreement in accordance with the PRC, Contract Law and relevant State regulations. The Interconnection agreement may not contain discriminatory provisions or provisions that prejudice the interests of a third party.

  Article 26 Within 15 days of entering into an agreement, the Interconnection parties' organizations at or above the provincial level shall forward the agreement to their respective subordinate organizations and submit the same to the Telecommunications Regulatory Authority for the record.

  Article 27 Each of the Interconnection parties shall arrange for the construction work for which it is responsible within the stipulated Interconnection time limit and in accordance with the Interconnection work schedule and the technical plan for the Interconnection agreed upon between them, and the parties shall jointly arrange for testing of the Interconnection. Service may commence once all works have passed preliminary examination.

  PART FIVE INTERCONNECTION TIME LIMITS AND INTERCONNECTION OVERSIGHT

  Article 28 For network Interconnections effected simultaneously on a nationwide scale (or across-provinces, autonomous regions and municipalities directly under the central government) the Non-leading Telecommunications Carrier shall submit by hand a written Interconnection request to the Leading Telecommunications Carrier on the basis of the progress of the work on its own network or the circumstances of its network operations, and Interconnection work shall commence after it submits the request to the Ministry of Information Industry for the record.

  The Interconnection parties shall enter into an Interconnection agreement within two months after the date of commencement of Interconnection.

  For network Interconnections effected simultaneously on a nationwide scale that require the establishment of new Interconnection Points, service shall commence within seven months after the date of commencement of Interconnection.

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